Lecture Notes: भारतीय नागरिक सुरक्षा संहिता

Jul 20, 2024

Review flashcards

Lecture Notes: भारतीय नागरिक सुरक्षा संहिता

Introduction

  • Lecturer: प्राची सिंह
  • Platform: अड्डा 247 जुडिशरी चैनल
  • Topic: नई भारतीय नागरिक सुरक्षा संहिता (replacing old CRPC)

Key Points

  • CRPC Replacement: The old CRPC is being replaced by the new 'भारतीय नागरिक सुरक्षा संहिता'.
  • Approval: The Act has been approved by the President.
  • Exam Focus: Upcoming exams (MP Judiciary, Haryana Judiciary) will still use the old Acts.
  • New Features: Introduction of new features in the new Act.
  • बेयर अक्ट रीडिंग: Starting the reading of the Bare Act to cover definitions and initial sections.
  • Target: Definitions and features of new sections in the Act.
  • Concept Differences: Differences between old and new CRPC concepts.
  • Approach Change: From punishment-centric to justice-centric.
  • **Key Areas Covered: Definitions, application, digitization, forensic evidence, and more.

Application of the Act

  • Not Applicable Areas: State of Nagaland and Tribal Areas.
  • Exceptional Provisions: Chapters 11 and 12 are applicable in those areas.
  • Notification: State Govt. can apply provisions via notification.

Key Definitions (Section 2)

2(1)(a) – Audio-Video Electronic Means

  • Meaning: Includes any communication device used for video conferencing, identification, search & seizure, transmission of electronic communication, as per state govt. rules.

2(1)(b) – Bail

  • Meaning: Release of a person accused or suspected of an offense from custody on certain conditions.
  • Conditions: Imposed by an officer or court upon execution of a bond or bail bond.

2(1)(c) – Bailable Offense

  • Meaning: Offense shown as bailable in the First Schedule or made bailable by any other law.
  • Non-Bailable Offense: All other offenses.

2(1)(d) – Bail Bond

  • Meaning: An undertaking with surety for release on bail.

2(1)(e) – Bond

  • Meaning: Personal bond or undertaking for release without surety.

Noteworthy Points

  • Digitization: Digital recording and scientific evidence emphasized.
  • Forensic Evidence: Greater focus on forensic evidence in cases, especially for offenses punishable over 7 years.
  • Speedy Trial: Trials must be concluded within 3 years.
  • Charge Sheet Filing Time: 180 days maximum for charge sheet filing.
  • Decision Making: 45 days to deliver judgment and 7 days for punishment after judgment.
  • New Concepts: Gender-neutral perspective in the new Act, focus on justice over punishment.
  • Preventing Misuse: Measures like mandatory signing of eFIR within three days to prevent misuse.
  • Community Service: Introduced as a reformatory measure for petty offenses.
  • Consistency with Modern Laws: Aligning with modern developments and judicial perspectives.

Study Tips

  • Focus Areas: Concentrate on the new features and definitions as these differentiate the old and new Acts.
  • Mnemonic Devices: Use charts and diagrams to illustrate concepts, aiding in memory retention (e.g., relationship between bail, bail bond, and bond explained with visuals).
  • Regular Review: Regularly review the definitions and their applications to reinforce understanding.
  • Practice Application: Apply these definitions and features to past exam questions for better understanding.

Note: Continuation and deeper exploration in the upcoming classes. Always refer back to the bare act for precise language and additional rules.

Conclusion

  • Engagement: Active participation encouraged, please ask questions if unclear.
  • Resources: Utilize Aadda 247 Judiciary resources and courses for comprehensive learning.
  • Upcoming Classes: Further exploration of the Bare Act, focusing on practical applications and remaining definitions.

Reminder

  • Coupon Code: Y867 for discounts on Judiciary preparation courses.
  • Feedback: Like, share, and comment for continued engagement and instructional improvement.